MI: Federal judge invalidates portions of SORA

A federal judge has issued a ruling that invalidates portions of Michigan’s Sex Offender Registry Act (SORA) that are unconstitutional.

U.S. District Court Judge Robert Cleland issued the decision on Friday in a lawsuit that argued the SORA was unconstitutional. Full Article

Court Decision

Press Release from the Michigan ACLU

Related

https://mitchellhamline.edu/sex-offense-litigation-policy/2020/02/14/john-doe-et-al-v-richard-snyder-e-d-mich-2020/

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@CM “Especially now that you so not have to tell the state your new email address that you set up to create your facebook.”
What state do you think I live in? Yes I have to report all email addresses to my state SORA.

@political prisoner. That’s true that the state administers it but I do believe that if you are required to register under federal SORNA you could be in trouble if you don’t at least try to register with the state and engage in any interstate commerce or travel out of MI at any time. I’m sure the state will still happily take your information for federal SORNA despite the ruling but may not be able to require everything they ask for and might also refuse if you won’t give it. Obviously this only matters if the state doesn’t make a new registration law within the required timeframe.

The ACLU has updated their site regarding the Monday SORA update call, check this link for more info https://www.aclumich.org/en/SORA

There will be a phone conference for registrants on Monday, Feb. 17, at 12:30 p.m. when ACLU Senior Attorney Miriam Aukerman and Oliver Law Group Attorney Alyson Oliver will update registrants on the implications of Friday’s ruling.

Join Monday’s call via Zoom with the information below

To ask questions during Monday’s call, please call: (313) 578-6829, as you may not be able to ask questions directly via Zoom during the call.

To ask specific questions otherwise, please email: intern@aclumich.org

ZOOM CALL-IN INFORMATION:

Time: Feb 17, 2020 12:30 PM Eastern Time (US and Canada)

Join Zoom Meeting by computer: https://zoom.us/j/935926284

Or join by phone: (929) 436-2866

Meeting ID: 935 926 284

Find your local number: https://zoom.us/u/aQ9CZwTok

Can someone explain what happens in Michigan if you were convicted before 2011 and released from prison in 2013?

I would like too take a Moment my follow brothers and sisters! Who will get off this crazy train. That you will not forget OR stop fighting to help all new registers and there family to end the pain. As we all have felt over the years. The labelling of people is a nazi thing! Just like a hate crime to make us out to be subhuman and deny us reentry in to society. Just like the jews who was gas and killed. You all should feel the same pain and fear. So please don’t forget to keep fighting if you are let go too freedom. And if you are let go from this nazi list congratulations too you. I hope you live long and have a happy rest of your live side of the nazi list bs!

@ MidnightMike ……. I couldn’t imagine these Jack @zzs being able to apply or justify a federal law retroactively to most of us whos crime and sentences were prior to a federal law even being written or as my self whos conviction was years prior to a registration list ever even existing. I know they are evil dirty mofoers but are you really kidding me ???? Do you think they could get away with that ? That would be a pretty sick thought if they could . They applied this registry to people years after a conviction by a politicians stroke of a pen. In most cases they do not even have a spec of evidence these sex laws are so unconstitutional this is how they have 45,000 in one state and over 1 million in 52 states . If any case involves a minor in Michigan they do not need a Time…A Day …. or even Psychical evidence to convict a person, its guilty they get away with locking up people with little to no evidence . You need more to lock a person up in this state for stealing a candy bar then to convict of a sex crime if it involves a minor …. Sad but true. I sure hope you are wrong with them being able to retroactive anymore punishment on anyone with this registry B.S. Please correct me if I am wrong that they would be allowed to get away with this again retroactively ?

P.s …. In the Great State of Michigan ….You can have YOUR entire life taken away with … He says …She says…B.S. nothing more . The laws are Broken in this state and have been for over 25 years now. The retroactive B.S started in 95 when they wrote the first registry list, that also stated that if they used your personal info or shared it with anyone else they would be held liable , It was a private list so they said,They retroactively applied that on people , They posted them same people who they forced on the registry ex post facto, then after it states private list… then they plastered their info everywhere all over the internet , when in the 95 the law states clearly… they CAN NOT SHARE YOUR INFO????? What Happened????????? This is Twilight Zone S#%t .

Watch this! It could help your kids in the future. https://youtu.be/-FENubmZGj8 i am buying this book. Thank you all

This is exciting news, but we need to stay diligent in watching the the legislative branch does… they still have 60 days. Watch them work “miracles” now that a true deadline is set.

In terms of those worried about the feds v. state… if you are removed from the state registry because you were in violation of a state law there is nothing to worry about. Feds cannot dictate state law, it’s a basic federalism principle. If you were in violation of a federal law, and the state doesn’t have a registry, and then you do your duty to attempt to register but cant then the feds can do nothing to you.

Don’t know if anyone in Michigan has seen this, but Senate bill 753 was recently enacted requiring registrants who are the legal guardians of a child in school to notify that school in writing within 14 days of the child enrolling in that school that he is a sex offender. Failing to do so carries a fine up to $500.
The bill was introduced by senator Rick Outman.
I guess it isn’t enough to continue to punish the registered citizen, now the child will potentially be subject to harassment.

.MICHIGAN REGISTRANTS!
ASSEMBLE and protest in LANSING!
BE assertive as you have the high ground and mandamus now!
Some of us in other states will join you!
I suspect they’d fold like a cheap tent.

I was in on the conference call, and listened very intently, the one thing that was brought up by a caller was after the registry is revised, can people be placed back on it. I maybe wrong, but from what Ms Aukerman said, people that are pre-20006 and 2011 can NOT be placed back on the registry unless for som reason your original registration term is not over as of yet, but the majority of pre-2006 and 2011 registrants will come of the registry. The one thing I did not catch or totally understand was once you are removed fro Michigan’s registry do we still have to register in another state if we are on vacation or visiting family or friends for a week or longer, any one else have any thoughts on this yet. I did shoot an email to Tim about this question and a few others. It’s almost over folks. just stay compliant like Ms Aukerman said until we get the final word. I will also more then likely have to fork over $50 bucks, next when I checkin, but at least it’s almost over.

So, because my original 25 year sentence is not up until october of this year I’ll be left on this thing for life?

@Midnightmike, It is possible to revamp the law, let at least some people off lifetime registry and still be SORNA compliant. It would be overly optimistic in my opinion but you ought to lobby for it if you can. In this scenario MI must not meet 60 day deadline for a new law causing people to come off the registry and must enact a new registration law after that date. Then, if they enact a law that is minimally SORNA compliant they can choose to follow all of those registration guidelines for SORNA but use the attorney generals rule for retroactive application. Under that rule, if you are not currently required to register they can only add you back to the registry if you somehow reenter the legal system by committing some sort of crime. The state could certainly enact a more strict retroactive application and then this wouldn’t work but I believe this specific scenario would allow for it.

I really wish everyone would just calm down. Once again nobody knows what will happen. We can speculate all we want but it is a vast unknown. For now I will remain cautiously optimistic. They have every opportunity to do the right thing. Historically African Americans, homosexuals, Japanese, and a long list of other hated groups slowly made headway in our society. While this may not be the time it all comes tumbling down, remember we are getting to the point numbers wise that securing our votes becomes important. We ARE making headway. I listened to the ACLU of Mi call today. They are optimistic that improvements are coming. Patience my friends patience

⭐⭐⭐🗽 MI Registrants, I strongly encourage you and friends, family members & supporters to prepare for a MASSIVE & OVERWHELMING letter-writing, emailing and phone-calling campaign. IF the judge gives the MI legislature a chance to re-write the existing MI Registry statutes, as soon as that decision comes out, you should OVERWHELM your lawmakers with letters, emails, phone-calls and legislative office visits to pressure them to abide by the MI and U.S. Constitutions and reduce whatever Registry they may propose to the very barest minimum (including NO Ex Post Facto AND AUTOMATIC removal after a specified time period.)
In fact, right now, you may want to start sending well-written “Letters to the Editor” of ALL MI newspapers advocating for your Constitutional rights and a bare minimum Registry.
MI is at a critical turning point. Don’t ease up – instead, TURN UP the pressure on legislators.
(This may also be the time – YOUR time – using this court decision as an conversation-starter – to “come out” to family, friends, and colleagues that this ruling is personal and its effects impact your life every single day.
DON’T REST. KEEP UP THE PRESSURE!! NOW IS THE TIME!! ⭐⭐⭐🗽

@TP, Exactly!

Where can I find the aclu phone call form Monday

@ ….. Sheldon… That’s a Great question , Does Doe #1 still have to register ????? If not, how can they force Doe#2 too ???

https://www.bridgemi.com/michigan-government/court-much-michigan-sex-offender-registry-not-enforceable-until-fixed

First time posting, but I’ve been watching for awhile thought I would share this..

Did Michigan have lifetime registration prior to 2011? What if someones conviction was due to accusations in March 2000? Considering Sorna came later, would they still have lifetime registration?

Hello, everyone,

I sent an email to Tim from the ACLU, with a couple of questions I had from the broadcast from the other, day, and he emailed me back with some answers, even answers that some people were wondering about, but in one of his answers I don’t understand how some one like me and others, who were convicted in the early 1990’s before the registry went into play would be recaptured what ever that means, yes I was on parole when the registry went into effect, I was released from parole on 11-22-1996. As most of you know I had to do 25 years until it was changed to life, it will be 28 years on 6-19-1992, so he said yes I would be removed, unless I am recaptured, again what does that mean? and how could they recapture me or anyone in the same boat as myself. Anyway here is his responds.

HIM: No you will not have to pay the fee once removed. 
You will not be removed until a new law is written or the order goes into effect.
I should note that if the order goes into effect without a law being written then the state could then write a new law and recapture those who got off because of the order. If the do that we will be in court again. Also note should be made that the order of 60 days does not take effect until the order is in place with the court and with think that will be sometime in March. 

Respectfully Tim P ACLU of Michigan SOR Specialist 
You will not be removed until a new law is written or the order goes into effect.
I should note that if the order goes into effect without a law being written then the state could then write a new law and recapture those who got off because of the order. If the do that we will be in court again. Also note should be made that the order of 60 days does not take effect until the order is in place with the court and with think that will be sometime in March. 

Respectfully Tim P ACLU of Michigan SOR Specialist 

@Bobby S, it depends entirely on the new law written. Any state can basically recapture anyone regardless of whether or not they currently are required to register by simply creating a law that says that anyone convicted of a particular type of sex offense must register for some number of years or for lifetime. As long as its doesn’t cross the line from registration to being punitive there is no ex post facto argument to be made. You could be off a registry for 40 years and still be recaptured in this way. As an example, Florida makes someone moving there or visiting there from another state go on their registry in precisely this way. I have not been on a registry for nearly 10 years and my offense is 22 years old. I haven’t re-offended and wont ever. Still, if I go to Florida for more than 3 days I would have to go on their registry based on the way their law is written AND then they wouldn’t ever even take me off!

Several states have revised their registry and made modifications so things are “Risk based”. That resulted in things like tier III offenders wearing GPS monitors for life, Civil commitment (locked up for life), chemical castration, public notifications via media, flyers or mail and other fun things like that. All of which are constitutional, provided they are “risk based”. Applying these laws Ex post Facto has passed constitutional muster as long as the lawmakers dot all the I’s and cross their T’s. It’s been my experience that the SOR laws don’t get better. Being tougher on sex offenders gets votes,,, setting them free does not. It concerns me that we are opening a can of worms like this.
Making the registry legal and make sense,,, sure it could get better and them just take us all off the registry,,, IT COULD ALSO GET A LOT WORSE. I don’t remember a single revision that made my life easier.
Michigan lawmakers will want to Make a new law that will make them look good,,,,, THAT ABSOLUTELY TERRIFIES ME. They live for votes,,, not what makes sense.
Technology is also advancing. Cell phone applications can now alert us when we are in the proximity of where a SO works,, where he lives, or even where he is if GPS is active on the phone of the registered person. To me this ability is not much different then tattooing it on our foreheads.
I think once a person is off supervision,,, they should be off supervision period. The better argument in my eyes is to make the point that they are singling out ONE class of offender. If one type of offender is placed on a list to warn the public about their past, then they all should be. If the public needs to know where someone is who committed a sex crime because of the danger to the public and children,,,,, then I don’t understand why they wouldn’t want to know if there is a murderer or a heroin dealer living next door or not want them going to places where children congregate.
Revising the law isn’t the answer. It’s just gonna get even more stupid as the lawmakers take advantage of us for votes. Removing the law period, getting rid of anything that applies to only one class of offender to me is the argument to make. “All men are created equal”,,,, I’ve heard that someplace before.